Cochabamba, Bolivia — The Inter-American
Commission on Human Rights on June
5th presented its Annual Report to the 42nd General
Assembly of the Organization of American States (OAS), cautioning that this is
a critical juncture for the inter-American human rights system and,
consequently, for the defense and protection of the human rights of the people
of the Americas.
“What is at stake, let no one doubt, is the
legacy that the States, civil society, and the inter-American bodies themselves
have built so that current and future generations throughout the hemisphere can
enjoy their human rights,” said Commission Chair José de Jesús Orozco.
“This is about regional guarantees and
effective mechanisms to ensure that nobody in the Americas feels defenseless
when it comes to his or her most basic rights,” he added, “and that
the States—through their current and future governments—see
themselves as bound to respect those values that at some point, in the exercise
of their sovereignty, they embraced and made an international commitment to
safeguard.”
The Commission Chair noted that “the experience
of the inter-American system is recognized as one of the most successful in the
world. It constitutes, in a subsidiary and complementary way, the last hope for
millions of people in the region in the face of possible shortcomings or
inefficiencies in domestic mechanisms for protection against injustice or
arbitrariness.” Orozco stressed that “the Commission’s autonomy and
dependency are the source of its credibility and a prerequisite for its
effectiveness.”
In this context, he said that the Inter-American
Commission had undertaken a “profound, pluralistic, technical, and
diligent reflection” on the recommendations of the Permanent Council
Working Group. He announced that the IACHR will continue to promote regional
and subregional forums in order to “take into account the perspectives of
all users of the system for any possible reform of its rules of procedure and
institutional practices.”
“Today’s regional human rights system is the
result of more than 50 years of building, evolving, and improving,” Orozco
said. “Throughout its history, the Commission has periodically responded
with changes and adjustments to its Rules of Procedure. It has done
so—and will continue to do so—in consultation with those who use
the system: the States, civil society representatives, and victims of human
rights violations.”
In his presentation, Orozco referred to the
Commission’s activities in 2011. Among other things, it received 1,600 new
petitions, approved 170 reports on cases, submitted 23 cases to the
Inter-American Court of Human Rights, decided on more than 400 requests for
precautionary measures, held 91 hearings and 58 working meetings, carried out
more than 30 promotional and working visits, and held various seminars and
training courses.
“A significant portion of the Commission’s work
involved countries that have not ratified the Convention,” the IACHR Chair
noted. Of all the reports on the merits that the Commission has published in
the last decade, he said, 44 cases are from countries that have ratified the
Convention and 25 from countries that have yet to do so.
In 2011, for example, three of the five reports on
the merits that were published involve countries that have not ratified the
Convention: one on Canada, related to due process and immigration, and two on
the United States, one related to due process and the death penalty, and the
other on the State’s obligations to prevent and respond to domestic violence.
With regard to precautionary measures, Orozco
indicated that in 2011, the two countries with the most precautionary measures
granted by the Commission were Honduras,
with 12, and the United
States, with 11. He added—in response
to a reference made the previous day in the context of the OAS General
Assembly—that the Inter-American Commission was the first
intergovernmental organization to request special protection measures for the
detainees held by the United States at Guantánamo, and that the Inter-American
Commission has repeatedly asked for the immediate closure of that detention
center.
The IACHR Chair also said that the increase in
petitions and the shortage of financial and human resources allocated to the
IACHR by the OAS has created a severe procedural backlog. The Commission has
tried to address this by seeking external funds and improving its internal
procedures; in five years, this has managed to cut in half the waiting period
for the initial stage for reviewing a petition.
“With adequate resources, it would be feasible
to have a system for petitions and cases that could operate in a timely
manner,” he said.
The Commission Chair concluded his remarks by
stating that the Commission trusts that the States’ commitment will be
reflected in the universalization or ratification of all inter-American human
rights instruments, in the allocation of more resources, and in the compliance
with its recommendations and decisions. All that, he added, will contribute to
the effective respect for and defense of the dignity and human rights of
everyone in the Americas.
A principal, autonomous body of the
Organization of American States (OAS), the IACHR derives its mandate from the
OAS Charter and the American Convention on Human Rights. The Inter-American
Commission has a mandate to promote respect for human rights in the region and
acts as a consultative body to the OAS in this area. The Commission is composed
of seven independent members who are elected in an individual capacity by the
OAS General Assembly and who do not represent their countries of origin or
residence.
Source: http://www.oas.org/en/iachr/media_center/PReleases/2012/058.asp